Citation : 2023 Latest Caselaw 2269 ALL
Judgement Date : 20 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 523 of 2023 Applicant :- Rajmani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. And Another Counsel for Applicant :- Abhishek Shukla,Neeranjan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
Instant application under Section 482 Cr.P.C has been filed with prayer for quashing of the impugned charge sheet No.01, dated 27.06.2022 filed in Case Crime No.0147 of 2022, under Sections 323, 504, 506, 332, 353 and 427 IPC, Police Station - Tarun, District - Faizabad now Ayodhya as well as summoning order dated 18.07.2022 passed by Additional Civil Judge (J.D.),1st/ Judicial Magistrate, Faizabad along with entire proceedings of Criminal Case No.805 of 2022, State versus Akhand Pratap and others, pending in the court of Additional Civil Judge (J.D.)1st/ Judicial Magistrate, Faizabad.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.
At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.
On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).
The application is disposed off accordingly.
Order Date :- 20.1.2023
KR
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